Criteria for Suspending Collection Action [Rev. eff. 1/1/16]
The provisions within this section apply to Agency Error (AE) claims, Inadvertent Household Error (IHE) claims, and intentional Program violation (IPV) claims, unless otherwise stated. A. The local office shall document the reason for suspending collection action. Suspended claims may be reactivated to offset a restoration of lost benefits or to pursue collection should collection action become feasible. B. Collection action on a claim shall be suspended only under the following circumstances: 1. A claim may be suspended if no collection action was initiated because of one of the following conditions: a. The local office has documentation that shows the household cannot be located; or, b. A court decision postpones collection activity for a period of time. 2. If collection action was initiated and at least one (1) demand letter was sent, further collection action against an agency error claim or an inadvertent household error claim for a non-participating household may be suspended when: a. The household cannot be located. b. The cost of further collection action is likely to exceed the amount that can be recovered. c. The household is determined to be financially unable to pay the claim. d. If the local office can document that an individual found guilty of intentional program violation/fraud cannot be located, collection action shall be suspended. 3. Collection action may be suspended on any claim for a non-participating household after six (6) months of no response. The local office should be alert to other methods of pursuit of the claim (see Section 4.801.41, F).